05/12/04

A Work Session of the Clarence Town Board was held May 12, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council Member’s Scott Bylewski, Joseph Weiss and Bernard Kolber. Councilman McPherson was absent. Other Town Officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Senior Building Inspector David Metzger, and Town Engineer Joseph Latona.

Director of Community Development – James Callahan

Public Hearings:

Fox Trace East Subdivision

A Public Hearing is scheduled for 7:55 P.M. Applicant requests Concept Plan Approval and Rezoning for development of a 77 lot Residential A subdivision. The Planning Board has made several recommendations on the redesigned concept plan however; the Planning Department failed to send the required notice to property owners within 500 feet. The Public Hearing will be cancelled and rescheduled for June 9, 2004 @ 7:55 P.M.

Pizza Inn 6235 Goodrich Road

A Public Hearing is scheduled for 8:00 P.M. Applicant requests Outside Dining at existing restaurant. The Landscape Committee is waiting for the final landscape plan. There are concerns regarding noise and hours of operation. Supervisor Hallock heard from one of the neighbors concerned about outside music.

Formal agenda items from 4/28/04 Work Session:

United Rentals 4811 Transit Road

Applicant requests a Temporary Conditional Permit for operation of a portable concrete mixing sales system. The Planning Board has forwarded a recommendation for a Temporary Conditional Permit with the following conditions: A Temporary Conditional Permit for one year initially, utilize electric motor instead of gas motor for mixing, water halo utilized in mixing material, raw material storage to be determined by Planning and Zoning Department in a location so as to reduce visual impacts to adjoining residential uses, equipment location in a location to reduce visual impacts to adjoining residential uses.

Forbes Homes – Roxberry Estates Subdivision

Applicant requests Development Plan approval for Phases II and III for 25 Residential A lots. Through conversation with the Town Attorney, the Town has asked that this be put on hold for two weeks.

Home Depot 4139 Transit Road

Applicant requests a temporary lumber yard location in portion of existing parking lot during remodeling project. There is plenty of parking.

Gary Sheldon – Transitown Plaza

Applicant requests a Building Permit and Architectural Approval for constructing a drive-up door at existing dry cleaning store. The Planning Board has forwarded a recommendation on this project.

Joe Frey 9992 Main Street

Applicant requests a Public Hearing to consider a Temporary Conditional Permit for limited commercial access to Kraus Road. Town Engineer Latona stated that he needs a drainage study. The Planning Board has reviewed the Concept Plan and is recommending approval for the building addition; they are recommending a Temporary Conditional Permit on the access to Kraus Road. In order to proceed with the Concept Approval we have to determine if the TCP is a viable option. The access driveway is in a commercial zone.

Kevin Gallagher 10939 Main Street

Applicant requests a Public Hearing to consider a Temporary Conditional Permit for an automotive sales operation.

Work Session Agenda items for consideration on 5/26/04 Formal Agenda:

Bob Benzing 7770 Goodrich Road

Applicant requests a Temporary Conditional Permit for tractor sales (a Public Hearing was held in 2003). Applicant asked to be removed from formal consideration.

Jack Wilcox 10352 Main Street

Applicant requests a three lot open-development area. The proposed site is located behind the former Coachman’s Inn. There is an existing house to the rear of the property. Applicant is requesting approval to add two additional residential lots to the property in conformance with the Open Development area regulations. Town Engineer Latona stated that the applicant could tap into the sewer if there is capacity, this would be a condition of his easement.

Martin Bronisz 4611 Shisler Road

Applicant requests a Temporary Conditional Permit for log cutting business in an agricultural zone. The proposed site is located on 1.68 +/- acres; an existing single-family residential home exists on the property. A Public Hearing will be necessary and referral to the Planning Board may be in order to establish conditions on the proposed use.

Hayes Fish Company 8900 Main Street

Former restaurant/bar located on 1.4 acres in the Commercial Zone. A Change in Use was previously approved by the Town Board to allow a rehabilitation of the former building to the Hayes Fish Store. Subsequent to the change in use approval, the applicant has determined that it would be more cost efficient to demolish the existing structure and construct a new facility. A demolition permit has been issued and the former structure has been removed. Applicant requests a Building Permit and Architectural Approval for construction of a new building. The applicant is proposing a pole barn type building with royal blue metal roof. The Town Board did not feel that a pole barn type structure was appropriate for Main Street.

Calvin Caruso 6705 Transit Road

Applicant requests Concept Plan approval and a Special Exception Use Permit for development of a drive through car wash behind the existing home on the property. The proposed site is located on 3.3 +/- acres in the Major Arterial and Residential B Zones on the east side of Transit road, south of County Road. There are issues with traffic flow and impact on surrounding properties. Referral to the Planning Board is recommended.

William Kenyon 5820 Goodrich Road

Applicant requests Development Plan and Architectural approval for construction of a new convenience store and gas pumping station. The Planning Board has forwarded a recommendation on the final design with approvals from the Landscape Committee and the Town Engineering Department.

Spaulding Lake Properties, LLC

Applicant requests site plan approval for Part IV, Phase III of the Spaulding Lake Planned Unit Residential Development (PURD) for a 29-lot design and road extension. Applicant is seeking to construct public road extensions to previously approved development. This involves approximately 800 lineal foot extension of Rockledge Drive and 1200’ lineal foot extension to Cobblestone Drive, including connection to Hollingson Road. Two sub lots have been converted back to green area. All regulatory approvals are in place.

Supervisor Hallock announced that item # 11, Public Hearing to consider an increase and improvement of facilities of Sewer District #9 for installation of a sanitary sewer pump station at the Main Town Park and item #12, Public Hearing to consider the increase and improvement of facilities of Sewer District #2 for installation of a sanitary ewer to service the Town Hall and Library are cancelled. We are not required to hold a public hearing; we advertised that it is an increase and improvement to the sewer district when it is an improvement to the town facilities.

Supervisor Kathleen Hallock

Supervisor Hallock received a letter from US Postal Service regarding mailbox installation in the Harris Hill area. The issue first surfaced in October 2003. After evaluating the complexities of the original plan, the US Post Office has decided not to go forward with the implementation. The current mode of delivery remains in effect.

Supervisor Hallock announced that the County Sewer Districts will be performing surveying type work including GPS (Global Positioning System) data collection on all Erie County sewer assets.

Councilman Bylewski will make a motion authorizing the Supervisor to sign License Agreements for three new “Welcome to Clarence” signs located on private property. The signs have been donated to the Town of Clarence by the Clarence Rotary. Parks Crew Chief John Burns also requested permission to take mulch to the sign areas.

Supervisor Hallock has a Resolution authorizing filing of application for State Grant in Aid for Municipal Waste Reduction and/or Recycling Project.

Supervisor Hallock has a Resolution supporting Town of Clarence Courts portion of fines for vehicle and traffic matters.

Supervisor Hallock will make a motion to accept the Town Clerk’s Annual Tax Collection Report for 2003 and the Town Clerk’s Annual Report for 2003.

Supervisor Hallock has a Resolution regarding conditional sales contract for purchase of property located on Rapids Road.

Supervisor Hallock has a Resolution granting permission to the Clarence Girl’s Softball League the use of a Coca-Cola Trailer (portable snack bar) during town softball games. Clarence Girl’s Softball also requested an ice-cream truck however, that is not part of this motion. The Resolution is subject to an agreement from Coke Bottling Company, proof of liability insurance, Town Board approval of location of cart, the trailer will be securely stored, the trailer will be staffed by a TCGSB League member or other responsible adult, the time period the cart will be utilized will be May 15 – August 15, 2004, the Town will not be responsible in any way for the portable snack bar.

Supervisor Hallock will appoint Doug Kohler to the Bi-Centennial Committee. Copies of his application were distributed.

The Town Board received correspondence from Civil Engineer Mike Metzger regarding the expansion of the baseball/softball training facility on Goodrich Road. Director of Community Development James Callahan suggested that a representative from the baseball association speak at the June 2, 2004 morning Work Session to explain what is going to take place.

Director of Community Development James Callahan, Town Engineer Joseph Latona and Supervisor Hallock will meet with MDC regarding Bryant and Stratton corridor.

Supervisor Hallock has two items to discuss in Executive Session

Councilman Scott Bylewski

Clarence Fire Chief Joe David is requesting a letter from the Town Board granting permission for Clarence Fire Department to use their off-road search/rescue vehicle on the bike path for emergency training exercises. Town rules stipulate that no motorized vehicles are allowed on the bike path. Clarence Fire District has training exercises where they set car interiors on fire, there is no open burning allowed in Town.. They are requesting a letter from the Town Board.

Councilman Bylewski has a minor correction to the Town Board minutes.

Councilman Bylewski will comment on the conflict letter that was brought forward at the April 28, 2004 meeting.

Councilman Bylewski received correspondence from Adelphia Cable regarding their present situation concerning both being put up for sale as well as pursuing ongoing improvements.

Master Plan 2015 comments will be forward to the Town Board.

Councilman Bylewski received Leader Status Report 102.

Councilman Bylewski will make a motion authorizing the Supervisor to sign License Agreements for three new “Welcome to Clarence” signs.

Councilman Bylewski will announce that the Amherst & Clarence Youth Planning Project is a finalist among four projects for the 2004 NYS Governor’s Quality Communities Awards for Excellence.

Councilman Bylewski has a memo from the Planning Board concerning the moratorium.

Councilman Bylewski will mention the UPS statement that was made at the May 5, 2004 morning Work Session regarding potential terrorist activities concerning the purchase of UPS uniforms.

Councilman Bylewski has received complaints regarding assessments and perhaps the unfair or excessive nature with respect to the assessments of a particular area.

Councilman Bylewski commented on the Storm Water Management Ordinance which was drafted by the Erie County Coalition that Town Engineer Latona was part of.

There was an issue that was brought up regarding Home Town Cleaners on Main Street. The two brick pillars are on private property. The NYS Department of Transportation has investigated and the pillars are not in the right-of-way.

Councilman Joseph Weiss

Councilman Weiss will make a motion authorizing the filing of application for State Grant in aid for Municipal Waste Reduction and/or Recycling Project.

Councilman Weiss will set a bid date for May 25, 2004 @ 10:00 A.M. to sell two surplus vehicles that did not sell at the recent surplus vehicle auction.

Councilman Weiss will set a bid date for June 2, 2004 @ 10:00 A.M. for a vacuum street sweeper.

Highway Superintendent Ron Witnauer is requesting approval to appoint several individuals for part time summer help.

Councilman Bernard Kolber

Recreation Director Howard Johnt is recommending the appointments of Recreation Attendants and Life Guards.

Parks Crew Chief is requesting approval to appoint seasonal help in the Parks Department.

Councilman Kolber will make a motion authorizing the Supervisor to sign the Conditional Sales Contract for the purchase of property located on Rapids Road.

Eastern Hills Wesleyan Church has requested the use of the Large Pavilion on August 15, 2004, they are expecting between 700 – 750 people. Along with their request for use of the pavilion, they are also requesting permission to erect a 40’ x 80’ tent. Clarence Girls Softball has a tournament scheduled for that day and the tent will interfere. Approval will be given for the use of the pavilion but permission for the tent is declined.

Town Attorney Steven Bengart

Town Attorney Bengart has one item for Executive Session regarding Roxberry Subdivision.

The Town Board received a letter from Gary Wright of 5400 Old Goodrich Road regarding damage to his property incurred from the installation of the sanitary sewer line.

Town Engineer Latona said the complaint should be referred to the Heise-Brookhaven Sewage Works Corporation.

Disaster Coordinator David Bissonette will host a disaster exercise this fall. Everyone on the disaster notification list should plan on attending this meeting. Also, everyone should meet with Mr. Bissonette to go over his/her roll in the event of a disaster.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the appointment of a corporation and § 105(1) D pending litigation. Upon roll call - Ayes: All; Noes: None. Absent: Councilman McPherson. Motion carried.

Regular meeting of the Town Board of the Town of Clarence was held Wednesday, May 12, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Bernard Kolber led in the pledge to the flag, followed by a prayer given by Father Schroeder of St. Augustine’s Roman Catholic Church.

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Councilman Ian McPherson was absent. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Kolber, seconded by Councilman Weiss to approve the minutes of the previous meeting held April 28, 2004. On the question, Councilman Bylewski said he forgot to mention in regard to approval of vouchers #22529 – 22533 for M & T Bank, that his firm represents M & T from time to time. However, it was ministerial and that is why he voted on it. Page 167, half way down the page, “He spoke with the Department of State before May of 2002…”. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Supervisor Hallock announced that some agenda items will not be acted upon and some public hearings will not be held.

Items 11 and 12, Public Hearings were advertised as increases and improvements to sewer districts. They are actually improvements to Town facilities. On the advice of our Bond Counsel, we do not have to hold public hearings.

Item 13 is a Public Hearing to consider rezoning property for Fox Trace East Subdivision. There was an internal error and that Public Hearing cannot legally be held tonight because the neighbors were not notified. It will be rescheduled.

Item 16, a request by Forbes Homes for Development Plan Approval for Phases 2 and 3 of Roxberry Estates Subdivision. At the request of the Town, the applicant has agreed to table this item for two weeks.

Supervisor Hallock said that because these are agenda items, the public may speak under Item 10, Public Participation regarding any of these items.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:

WHEREAS, the Town of Clarence is required by State law to maintain a Town Court comprised of two Town Justices, as well as administrative staff in order to receive, administer, adjudicate, and dispose of criminal, traffic and small claims cases that arise within the Town; and

WHEREAS, Town, villages and cities throughout the State of New York are dependent upon the fine revenues collected in their courts, to cover a large share of Justice Court and Police enforcement budgets; and

WHEREAS, legislation is now pending before the New York Sate Legislature entitled Assembly Bill A9556 and Senate Bill S6056, if passed, would provide that if certain vehicular and traffic violations are reduced to a lower penalty, portions of the fines that are now retained by the municipalities in these cases would be given to the State of New York; and

WHEREAS, if these Senate and Assembly Bills should pass, it is most likely fewer plea bargains would be reached which would lead to more trials which would clog the Courts and mean more expenses, not only to the local municipalities but to the State of New York; and

WHEREAS, in many instances overtime would have to be paid to enforcement personnel to testify as more cases go to trail; and

WHEREAS, the New York State Association of Towns testified and opposed these bills at a hearing on the Executive Budget held on Monday, January 26, 2004,

Now therefore be it RESOLVED, that the Clarence Town Board opposes New York State Senate Bill S.6056 and Assembly Bill A.9556 as being directly detrimental to the Town’s administration of the Town Court Justice System; and

BE IT FURTHER RESOLVED, that the Clarence Town Board encourages its Assembly and Senate representatives and Governor Pataki to oppose the pending legislation in furtherance of the New York State Town Justice System; and

BE IT FURTHER RESOLVED, that the Town Clerk be directed to send a copy of this resolution to each Senate and Assemblyperson representing Western New York as well as Governor Pataki.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:

Resolved, that the Clarence Town Board grants permission to the Clarence Girls Softball League the use of a small trailer (a/k/a portable snack bar) to be provided by the Coke Bottling Company for the purpose of selling and storing their products. This would be for the sale of soft beverages only. This resolution is also subject to the following: 1. An agreement from the Coke Bottling Company; 2. Proof of Liability Insurance coverage and a current Certificate of Insurance naming the Town of Clarence as additional insured; 3. Town Board approval of location of cart; 4. That trailer will be securely stored; 5. That trailer will be staffed by a TCGSB League member or other responsible adult; 6. The time period when the cart will be utilized will be May 15 – August 15, 2004; and 7. That the Town will not be responsible in any way for the portable snack bar. On the question, Councilman Kolber said he is a member of the Clarence Girls Softball Board. He has discussed this with the Town Attorney and it is a ministerial act, so he will be voting. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to accept the Annual Report of Fees received by the Town Clerk’s Office during the year 2003. On the question, Supervisor Hallock said the total fees received were $816,970.40. The reports will be on file in the Supervisor and Town Clerk’s offices. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to accept the Annual Tax Collection Reports for 2003 from the Town Clerk’s Office. The reports will be on file in the Supervisor and Town Clerk’s offices. On the question, Supervisor Hallock said the total amount of taxes received was $48,575,316.55. She commended the Town Clerk on the job that she did. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Supervisor Hallock said last fall, there was an initiative started by the US Postal Service whereby some homes in the 14221 zip code were to install mailboxes. A letter was received this week from Postmaster Donald Gross stating that the US Postal Service has decided not to go forward with implementation. The homes that were going to be impacted were notified.

Supervisor Hallock said we received notification from the Erie County Department of Environment & Planning stating that they will be surveying sewer assets shortly and continue through the summer of 2004 and beyond. Each crewmember will be in an official Erie County vehicle and have photo identification. There will be times the crews may need to go into backyards and along right-of-ways to reach each manhole and asset in the system. This will involve Erie County Sewer District No. 5, which is toward the Transit Road area. The hours the crews will be working is 8:00 a.m. to 4:00 p.m. Monday through Friday.

Supervisor Hallock announced that the Town Board hired the firm of Drescher and Malecki as financial consultants to the Town at the May 5 th Work Session.

Councilman Bylewski said at the end of the last meeting Sean Hopkins asked if a letter had been received by James Gresens. It raised some potential issues regarding conflicts of interest. One of the items was that his firm, Nesper, Ferber and DiGiacomo represents M. J. Peterson who has some interests in the Town of Clarence. Councilman Bylewski said he previously had a similar situation that he ran by the Town Attorney and the Ethics Board. He posed the direct question to the Town Attorney before the public hearing was even set. He asked the Town Attorney and the Ethics Board Chairman that night regarding the letter. At all times, all responses were that voting on the moratorium was neither a conflict nor an improper appearance. Therefore, it was ok for him to have voted.

Councilman Bylewski said we received a letter from Adelphia, dated April 30, 2004 wherein they want to keep us informed regarding the decision by the Board of Directors to pursue a dual path in the bankruptcy process. The dual path was the filing of the proposed plan and to emerge out of bankruptcy, as well as, the potential sale of Adelphia. These issues will not effect the day-to-day operations in our community.

Councilman Bylewski said at the annual public hearing on Master Plan 2015, various comments were referred to the Planning Board for further discussion. The Planning Board has forwarded recommendations for Master Plan 2015 regarding a review of the following items: residential building cap policy, parkland requirement per 1,000 persons ratio, official street map, research a homeland security chapter, and update of the action plan identified in the Master Plan. A copy is available in the Planning Office for review. Councilman Bylewski will bring these comments up for action at the next Town Board meeting.

Councilman Bylewski said we received Leader Status Report No. 102, which dealt with the RCRA facility investigation work plan. There were comments made by Leader concerning the work plan and set forth actions Leader is going to take for the month of May. The status reports are available in the Town Hall.

Councilman Bylewski said we are in the process of updating our “Welcome to Clarence” signs and trying to obtain license agreements for various properties to have the signs put in place. Clarence Rotary spearheaded this effort.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:

Resolved, that the Town Supervisor be authorized to sign License Agreements for three new “Welcome To Clarence” signs which will be located on private property on Transit Road, Main Street and Sheridan Drive. The signs have been donated to the Town by the Clarence Rotary.

Councilman Bylewski announced that our Planning Department received notification that the Amherst and Clarence Youth Planning Project is one of four finalists for the 2004 NYS Governor’s Quality Communities Awards for Excellence. This award recognizes municipalities, neighborhoods, organizations and citizens who have embraced the principles of Quality Communities and improved the quality of life in their hometowns and New York State. Awards will be presented Tuesday, May 25 th. He congratulated our Planning Department and the Amherst Planning Department for being a finalist for this worthwhile project.

Councilman Bylewski received a memo from the Planning Board wherein it stated that the moratorium that was passed at the April 28 th meeting is in place. They are now using their time to update the Zoning Code and the Subdivision Law. They will be discussing the Zoning Code at the next Planning Board meeting. The Planning and Zoning Department anticipate having the 4 th Draft of the Zoning Code available at the end of this month.

James Callahan said the Planning and Zoning Department has assimilated all the comments received from the Planning Board and public comments received at the Planning Board public hearing on Draft 3 of the Zoning Law and from the NYS Department of State on several performance zoning issues to be incorporated into the law. They are making the necessary updates to present Draft 4 by the end of May 2004.

Mr. Callahan said they have begun the process of researching subdivision codes from General Code, Department of State, other communities and consultants. They hope to have a draft for preliminary review in August 2004.

They have received four proposals for a Parks and Recreation Master Plan. The Supervisor has appointed a review committee to recommend hiring of a consultant to initiate the Parks and Recreation Master Plan.

A contract has been signed with Freilich, Leitner & Carlisle and Planning Works LLC to commence development of an Adequate Public Facilities Law.

Councilman Bylewski gave a public safety announcement, which he heard at a recent Fire Chief’s meeting. A large purchase has been made of UPS uniforms and there is the potential that these uniforms could be used for terrorist attacks. UPS states that all of their people are in uniform and only deliver packages from a UPS truck. All drivers carry two forms of identification.

Motion by Councilman Weiss, seconded by Councilman Kolber to adopt the following Resolution Authorizing Filing of Application for State Grant in Aid for Municipal Waste Reduction and/or Recycling Project:

WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects; and

WHEREAS, the Town of Clarence, herein called the MUNICIPALITY, deems it to be in the public interest and benefit to file an application under these laws; and

WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such State Aid:

NOT THEREFORE, BE IT RESOLVED, by the CLARENCE TOWN BOARD as follows:

1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.

2. That Kathleen E. Hallock, Supervisor is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE;

3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project.

4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached joint resolution relative to a joint Municipal Waste Reduction and/or Recycling Project.

Motion by Councilman Weiss, seconded by Councilman Kolber to set a Bid Date of June 2, 2004 at 10:00 A.M. for the purchase of one 8.5 Cubic Yard, Single Gutter Broom, Vacuum Street Sweeper, Truck Mounted on a “Cab Over” Chassis for the Highway Department. Funds are available in the 2001 Equipment Bond Account. Bid specifications will be available at the Highway Department and Town Clerk’s Office. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Councilman Kolber said the letter that Councilman Bylewski referred to earlier, also stated that he had a potential conflict of interest because he owns property in the Town. After speaking to the Town Attorney, he does not believe this constitutes a conflict of interest in any way.

Councilman Kolber announced that the Historical Society is hosting a Dessert and Coffee night on Thursday, May 27 th at 6:45 P.M. in the Town Park Clubhouse. The program begins at 7:30 P.M. with David Ruch presenting “Traditional Songs of New York State”. He presents songs and instruments from days gone by of farmers, lumbermen, canalers, lake sailors and more collected through considerable research and interpreted for everyone to enjoy.

Motion by Councilman Kolber, seconded by Supervisor Hallock to adopt the following resolution:

Resolved, that the Supervisor be authorized to sign the Conditional Sales Contract for the purchase of approximately 55.9 acres of property located on Rapids Road at a purchase price not to exceed $128,600, subject to review and approval by the Town Attorney. Funds for said purchase will be allocated from the open space bond resolution and recreation fees. On the question, Councilman Kolber said this is for property that has frontage on Tonawanda Creek for potential access by Town residents. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Town Clerk Nancy Metzger received the 1 st Quarter, January thru March 2004 Report submitted by Rural/Metro Medical Services per their contract. This report is on file in the Town Clerk’s Office.

Public Participation

Supervisor Hallock reiterated that some of the public hearings, items 11, 12 and 13 will not be held or acted upon tonight. The applicant has agreed to table item 16 for two weeks, at the request of the Town. Anyone is welcome to speak on these items.

Anne Case, 10013 Greiner Rd. said before the meeting tonight, there was a discussion about item 11. She asked if the Historical Museum building will be included in the sewer? Town Engineer Joseph Latona said it will be considered.

Sean Hopkins, Renaldo and Palumbo submitted a letter for the record regarding Fox Trace East Subdivision. The question they have is whether the Town intends to attempt to apply the moratorium that was adopted at the last meeting to this project. It is their position that it should not be applied to this project. They also believe that they are entitled to a written determination. He asked that the Board look at the history of the project and there were numerous delays that were not their fault. He asked that project sponsors should be included in the notification policy that the Town recently adopted. Project sponsors should be entitled to copies of correspondence, and copies of notices sent out to neighbors.

Councilman Bylewski said page 2 states that his client has received concept plan approval from the Planning Board. This means they have been recommended for concept approval. They have not received any approval as of yet.

Sean Hopkins said it is his understanding that concept plan approval from the Planning Board is concept plan approval.

Councilman Bylewski said he will ask the Planning Department to take a look at providing notification to the applicant regarding public notices that do go out.

Sean Hopkins said in other Towns, a list is generated by the Assessor of everyone within the area specified by law and a copy of the list entered into the file and sent to the project sponsor. They do plan to meet with the neighbors again before the public hearing.

Kevin Curry said he was interested in item 12 regarding the improvements to Sewer District No. 2. Supervisor Hallock said it was advertised as an increase and improvement to the District, but it is actually an improvement to the Town Hall. On the advise of Bond Counsel, we were told it was not necessary to hold the public hearing.

Kevin Curry asked what the status is for available capacity in Sewer District No. 2 for landowners. (Town Attorney Steven Bengart said this is the time for public participation and the Town Board does not necessarily have to answer any questions.)

Kevin Curry said as a landowner in the district, and he believes hooking up the library and the town hall is terrific, but he would like to know if there is capacity for his land. He wants to make sure that there is still capacity with all of the improvements that have been made in the District. He would like to know that there is capacity in the district before we were to sewer out of the district areas and then there is no capacity left. He is not sure of where to go to find the answers. He thinks landowners in the district should have capacity because they are in the district.

Councilman Bylewski said with the Heise-Brookhaven Trunk Sewer, was not the hookup of the Town Hall and Library part of the agreement for allowing the trunk line to go in? Town Engineer Joseph Latona said yes. He also added that the original sewers that were installed in District No. 2 are not the right size to handle a full build-out of the District and that was known at the beginning.

Kevin Curry asked how was the capacity that does exist get allocated? Town Attorney Steven Bengart said he should direct his questions to the Engineering Department and Planning Department. Kevin thinks the landowners within the district should be considered first.

Supervisor Hallock said she received a letter regarding item 16 for Development Plan Approval for Roxberry Phases 2 and 3 from Robert Roach. He asked that it be read and made a part of the record. It states that mitigation of wetlands is not complete since sanctions imposed by the DEC for violations of their permits have not been documented as completed. This is also true for the US Army Corps of Engineers.

When the developer, engineers and lawyers speak of this project being started in 1994, they fail to point out that nothing physical transpired until 1999. At that time, they bulldozed their way into Helenwood/Brentwood wetlands without any permits. When they renewed the expired permits, they cleared an area of approximately two acres of wetlands wooded area in order to carry out mitigation of approximately .94 acre. At the same time, a large quantity of fill was added to the wetlands to allow vehicles access to the mitigation site, which was close to the Eastern Hills Mall run-off pond. There was no permit to that part of the wetlands.

Mr. Roach wrote that when the developer first bulldozed into the wetlands he completely destroyed four Town of Clarence road signs. This was reported to the Town Board, but goes unanswered to this day whether the Town was compensated. He also dug up and destroyed a large portion of the Town of Clarence storm sewer pipe.

Mr. Roach says since the mitigation has never been completed, how can Phases 2 and 3 possibly be approved. The new delineation of wetlands after October 31, 2003 required by the Corp of Engineers has not been performed. Violation of DEC permits was acknowledged by the DEC in January 2003, but no action was taken. Roxberry should serve as a case study for all future development in Clarence. It should not happen now and nothing like it should ever happen again.

Henry Becker, 9490 Keller Rd. said he heard comments regarding sewer capacity for potential new homes coming in and as a resident and homeowner in Clarence he is a bit ticked off. Everyone that is already here should have the concern about what capacity we will have and not give it all away to the builders.

Supervisor Hallock said items 11 and 12 will not be held as they were advertised for an increase and improvement to the Sewer Districts, but they are actually improvements to Town facilities.

Supervisor Hallock said item 13 to consider the request for rezoning property from Agricultural to Residential A for the proposed Fox Trace East Subdivision will not be held because the neighbors were not notified in a timely manner.

Motion by Supervisor Hallock, seconded by Councilman Kolber to set a Public Hearing June 9, 2004 at 7:55 P.M. to consider the request for rezoning property from Agricultural to Residential A for the proposed Fox Trace East Subdivision with a copy of the notification and a list of those who were notified be sent to the project sponsor. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for outside dining for Pizza Inn at 6235 Goodrich Road. James Callahan said the location is on the east side of Goodrich, north of the Building and Engineering Department in the Commercial District. The outside dining is proposed for the front of the building extending approximately 14 feet. The Landscape Committee is waiting for a revised plan. Supervisor Hallock said she heard from a neighbor who is happy that they are there, but is concerned about music being piped outside and hours of operation. The applicant was not available at this time.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the public hearing for a Temporary Conditional Permit for outside dining for Pizza Inn at 6235 Goodrich Road until the last item to see if the applicant appears. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

United Rentals requests a Temporary Conditional Permit for operation of a portable concrete mixing sales system at 4811 Transit Road.

Kevin Thompson, General Manager said they are proposing a portable short load concrete sales system consisting of a fully enclosed trailer mounted cement hopper. It is a simple operation that measures cement, gravel and water into a small mix trailer and mixes the concrete on the way to the job site. The system is extremely smaller than a batch plant and does not jeopardize the spirit of the Clarence Zoning Law. This type of system was not invented in 1975 when the law was written. The system serves the do-it-yourselfers, small contractors and municipalities. It can save these users between $80 and $175 per yard of concrete.

Mr. Thompson said they have been in the Town for five years and have always been responsive to any concerns. They believe they are a valuable asset to the Town. They employ 24 full time employees. The request has been recommended for approval by the Planning Board. The location is at least 1,000 ft. from residences.

James Callahan said the Planning Board has forwarded a recommendation for approval of a Temporary Conditional Permit. A public hearing was held on March 24 , 2004. The conditions are: 1. Approved for the first year as a Temporary Conditional Permit to make sure they are a good neighbor and uphold their end of the bargain; 2. Use an electric motor instead of gas motor for material mixing; 3. A water halo is used in material mixing; 4. The raw material used in mixing should be stored on site in an optimal location as determined by the Director of Community Development; 5. The mixing unit and aggregate loading unit should be located in an optimal site as determined by the Director of Community Development; and 6. No Sunday hours.

Councilman Weiss asked if James Callahan and David Metzger agreed that there were no problems. Both said they had no concerns.

Councilman Kolber said he was against this initially, but there has been no complaints cited by the neighbors. He viewed the video of the operation. He feels they are a good business and neighbor in the Town.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant a Temporary Conditional Permit for operation of a portable concrete mixing sales system at 4811 Transit Road with the following conditions: 1. Approved for the first year as a Temporary Conditional Permit to make sure they are a good neighbor and uphold their end of the bargain; 2. Use an electric motor instead of gas motor for material mixing; 3. A water halo is used in material mixing; 4. The raw material used in mixing should be stored on site in an optimal location as determined by the Director of Community Development; 5. The mixing unit and aggregate loading unit should be located in an optimal site as determined by the Director of Community Development; and 6. No Sunday hours. On the question, Councilman Bylewski said his concern still remains the same. The Zoning Law specifies no concrete mix plants in that area. It should be wholly enclosed within a building, which this is not. He thinks this application is in conflict with our zoning laws. Kevin Thompson said isn’t a Temporary Conditional Permit designed for this type of situation. Councilman Bylewski said he believes for this situation it is specifically excluded. Councilman Weiss said he is still somewhat concerned, but in this economy we have a member of our community fighting to stay here and run a good business. We have not had any negative input from the neighbors. Upon roll call – Ayes: Councilmembers Kolber, Weiss and Supervisor Hallock; Noes: Councilman Bylewski. Absent: Councilman McPherson. Motion carried.

Supervisor Hallock said the applicant, Forbes Homes has agreed to table item 16 requesting Development Plan Approval for Phases 2 and 3 for 25 Residential A lots in Roxberry Estates Subdivision for two weeks. She read a letter submitted for the record from Jeffery Palumbo of Renaldo and Palumbo. It confirms his conversation with Town Attorney Steven Bengart wherein he agreed to adjourn his client’s request until the next Town Board Meeting. The agreement was made on the stipulation that the Town Board enters into the record the fact that it was requested by the Town.

Motion by Supervisor Hallock, seconded by Councilman Weiss to table the request for Development Plan Approval for Phases 2 and 3 for 25 Residential A lots in Roxberry Estates Subdivision for two weeks. On the question, Councilman Bylewski said in light of the Ethics Board’s opinion, although it is not a conflict of interest, it gives the appearance of impropriety since his law firm has represented an entity that Forbes Homes or Elliot Lasky have been involved in. He will recuse himself. Upon roll call – Ayes: Councilmembers Kolber, Weiss and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Absent: Councilman Ian McPherson. Motion carried.

Home Depot requests a temporary lumber yard location in a portion of existing parking lot during a remodeling project at 4139 Transit Road. James Callahan said the location is the east side of Transit Road, north of Wehrle Drive in the Commercial classification. Councilman Bylewski said having this temporary location will not take away any needed parking spaces to be in compliance with our zoning laws. James Callahan said that is correct. Scott Leyman, Architect for the applicant said the pallets will be approximately 16 ft. high and will be enclosed by a 50 ft. by 100 ft. vinyl tent. They expect the project to take about three months.

Motion by Councilman Kolber, seconded by Councilman Bylewski to grant a temporary lumber yard location in a portion of existing parking lot during remodeling project at 4139 Transit Road to Home Depot for the maximum of 6 months from the start of the project or upon completion of the remodeling. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Gary Sheldon requests a Building Permit and Architectural Approval for construction of a drive-up door at existing dry cleaning store at Transitown Plaza. James Callahan said the location is along the Main Street frontage of the plaza. The proposed location is along the access road to the east. The Planning Board has forwarded a recommendation on the submitted site plan.

Gary Sheldon of Massaro Cleaners was present. Mr. Sheldon said they took over this site last fall. This proposal is to help stimulate the business. They have addressed the issues of barriers, aesthetic concerns and safety concerns.

Councilman Bylewski said the clothes will be transferred from the passenger side of the vehicle. He understands customers will be notified regarding the operation of the service. Mr. Sheldon said before customers use the drive-up service, they have to sign up inside the store. At that time, they will explain the proper procedure. The proposed separation is 4 inches high of recycled rubber. They looked at a few options and this seemed most viable. The façade will consist of a canopy over the drive up access.

Councilman Kolber said he is concerned about the safety and people coming into it the wrong way. There are a lot of cars using the access road. He would like to see concrete curbs.

Mr. Sheldon said they have looked at all of these issues. There are signs indicating the point of entry, do not enter, etc. If the curbs are moved, they are easily replaced.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for June 9, 2004 at 7:45 P.M. to consider the request by Joe Frey, 9992 Main Street for a Temporary Conditional Permit for limited commercial access to Kraus Road. On the question, Councilman Bylewski said he is not in favor of the project as proposed. He is merely setting the public hearing to so that the issues can be addressed. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing June 9, 2004 at 7:50 P.M. to consider the request for a Temporary Conditional Permit for an automotive sales operation at 10939 Main Street. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to reopen the Public Hearing to consider the request by Pizza Inn for a Temporary Conditional Permit for outside dining as the applicant is present. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Tim Smith, 9485 Clarence Center Rd. was present. The hours of operation would coincide with their hours of 11:00 A.M. until 11:00 P.M. He has no plan for outside music. He did not have a revised landscape plan.

Supervisor Hallock said they would like to limit the permit until 10:00 P.M. with no outside music and subject to landscape plan review.

Tim Smith said they plan on installing a 4 ft. wall around the area in front of the building. They would like to install a sidewalk from the bike path to their location. The outside dining would be located behind the sidewalk.

Motion by Supervisor Hallock, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of May 6, 2004 are approved for payment: General Fund - $94,797.26; Highway Fund - $5,758.35; Water District - $32,901.62; Lighting Districts - $163.48; Capital Fund - $74,502.79; Aquatic Growth District - $1,740.00; Special Revenue - $235,000; and Trust and Agency 203 - $6,147.13 for a total amount of $451,010.63. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

“For the Good of the Town”

Councilman Bylewski said we discussed the granting of a Temporary Conditional Permit and under Section 30-66, the Town Board may issue a Temporary Conditional Permit for uses not specifically allowed within the zoning district.

Paul Thoms, 5035 Meadowbrook Rd. said there was a study started last year to address the noise issues by the aircraft at the Buffalo International Airport. He has heard very little about it. The closing date for comments is May 14 th. He has tried to contact the airport and has received a terrible run around. He found out at the April 25 th meeting all of their plans. They are making changes that will affect Clarence. Bob Stone and Linda Frances can accept noise complaint calls.

Councilman Weiss said he has attended those meetings and voiced his concerns. There are Federal funds available and they are considering soundproofing homes directly next to the airport. The study is greatly skewed. They have not taken into consideration the weather, time of day, etc.

Frank Kennedy, 4540 Gentwood Dr. said he knew the airport was there when he bought his home and he loves it.

Mr. Kennedy congratulated the Board on passing the moratorium. One person described it as giving up, rather than the real reason of taking the time to plan for the future. When will they ever learn? He thanked the Board for their wisdom.

There being no further business, Supervisor Hallock adjourned the meeting at 9:05 P.M. in memory of Lynn Wells.